Westcott/Llyods

[inacorner]

I've sent a CCA request to Wescott who have returned it together with the PO saying I should send it to Llyods direct with a PO made out to them not Wescott or I can send back to them and that they will forward.

 

In the letter they have said they still want me to arrange a payment or proposals to repay within the next 28 days irrespective of the CCA

 

Can they insist on this and how should I reply.

 

thanks

[citizenB]

Has the account been assigned/sold to Wescott or are they simply acting as debt collection agents on behalf of LTSB ?

 

TBH and IMHO, this is just so very wrong. If they are the new owner of the account, they have certain obligations..

 

 

16. The definition of "creditor" in section 189 of the CCA appliesto this new requirement on assignment of rights. This means that when anassignee purchases debts (or otherwise acquires rights under a creditagreement) it also acquires certain obligations to the borrower including theduty to comply with CCA requirements (such as the rules on statements andnotices and other post-contractual information). The assignee becomes thecreditor under the agreement. This ensures that essential consumer protectionsunder the CCA cannot be circumvented by assigning the debt to a thirdparty."

 

If they are simply acting as collection agents / administrator of the account, then they could have simply passed on your request, although there would be the problem of the postal order needing to be amended in favour of LTSB.

 

Do you know if they are the new owner or 3rd party agent. You can establish this by amending where necessary, the letter attached and sending it to Wescot. That should also stop them demanding monies from you for a little while.

 

 

[ATTACH=CONFIG]44785[/ATTACH]

[citizenB]

If you have a CCA request outstanding, then you can safely say that the account is in dispute.

[maccadad]

Hi,

follow the advice given so far and send them nothing! They are persistent buggers tho so expect a lot of rubbish from them as you can read in my thread.

 

I have sent them a letter to either provide the CCA, nothing more or nothing less, as requested, or to stop writing to us as any further letters may be construed as harassment, nothing back yet but will keep you posted.

Good luck.

[inacorner]

According to them they are only collection agents so will resend request via them with PO to Llyods TSB. Doe the clock start again for them to reply as if not they are way past the 12 +2 days.

 

Will the PO redo the PO in their name if I return the other one?

[dx100uk]

According to them they are only collection agents so will resend request via them with PO to Llyods TSB. Doe the clock start again for them to reply as if not they are way past the 12 +2 days.

 

Will the PO redo the PO in their name if I return the other one?

 

which is why we always say LEAVE THE PO BLANK.

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other